Section 11-58.1-32 - Recycling and materials recovery facilities(a) Applicability. This Subpart regulates the construction and operation of recyclables handling and recovery facilities including but not limited to the following: (1) Recycling centers which process only source separated materials such as batteries, motor oil, and metal sludges.(2) Recycling facilities which separate recyclables from nonrecyclables on-site.(3) Recycling facilities which only collect, buy, broker, bale, compact or shred recyclable materials.(4) Exemptions. The following facilities are exempt from regulation under this section. (A) Composting operations which separate or treat greenwaste, sludge, or ash. These are regulated in sections 11-58.1-04 and 11-58.1-41.(B) Facilities which process hazardous or other regulated wastes as determined by 40 CFR 261 and the Clean Air Act and do not produce a recycled material or solid waste requiring disposal.(C) Buy back and refillable container centers.(D) Recycling drop-off centers are permitted by rule and are not subject to this subchapter.(E) Manufacturers that use clean, source separated paper products, glass, and plastic as feedstock for their manufacturing process, and which as a result of this process, produce an end-product for resale.(F) Repair and re-sale of clean, source separated clothing, residential and commercial furniture.(5) Recycling facilities which are in operation at the time this subchapter becomes effective shall complete the requirements for a permit within one year after the effective date of these rules.(b) Permit requirements. A permit is required to construct and operate a facility used in the recovery, collection, storage, or treatment of recyclable material. The application shall contain the following: (1) Site analysis. A site analysis shall be submitted and shall include at least a site plan, description of siting of equipment and machinery, public access, and turnaround areas. The site analysis shall include surrounding land uses and, where determined necessary by the director, describe mitigative measures taken to reduce the impact of the facility upon neighboring properties.(2) Design requirements. (A) Equipment. A description of the overall operation and a functional description of all processing equipment to be used to load, bale, shred, compact, or process recyclables and the personnel trained to operate them.(B) Adequate drainage. Adequate drainage to prevent standing water and to control "run-on" and "run-off" of rainwater shall be provided.(C) Nuisance, health, and safety control. Design methods to control litter, insects, odors, and vectors. Develop a fire plan to prevent and minimize fire hazards. The facility shall maintain a neat and orderly appearance and must be screened and buffered to minimize nuisances to neighboring properties.(3) Operation plan. An operation plan shall be submitted to the director detailing the following: (A) Recoverable materials collected. A description of the recoverable materials proposed to be collected, stored, treated, and/or disposed of at the facility including the current management of the recoverable materials.(B) A means of weighing or measuring all materials accepted at the facility and a means of weighing or measuring residue, bypass waste, and recyclables recovered.(C) Residue disposal. Intended disposal measures and capacities for residue created or separated during processing.(4) Closure plan. As part of the application for a permit, the owner and/or operator shall develop a closure plan to ensure no adverse environmental impacts.(c) Reporting requirements. An annual report shall be submitted to the director not later than thirty days after June 30 of each year. The report shall detail the volume in tons of each recoverable material collected, processed, shipped, and disposed of.Haw. Code R. § 11-58.1-32
[Eff JAN 13 1994] (Auth: HRS §§ 342G-2, 342G-13, 342G-28, 342H-3, 342H-4)